HomeMy WebLinkAbout09-25-2014 Council Agenda ItemRESOLUTION NO. ____ _
A RESOLUTION OF INTENTION BY THE COUNCIL OF
THE CITY OF FRESNO, CALIFORNIA, TO GRANT A NON-
EXCLUSIVE FRANCHISE FOR ROLL-OFF COLLECTION
SERVICES WITHIN THE CITY OF FRESNO AND SET A
DATE FOR PUBLIC HEARING
WHEREAS, pursuant to Article XIII of the Charter of the City of Fresno,
proceedings for the establishment of non-exclusive towing franchises may be instituted
by the legislative body by Resolution of Intention to adopt an Ordinance granting the
franchises;
WHEREAS, this Council, as a legislative body of the City of Fresno ("City"),
hereby determines that it is in the best interest of the City that this Council institute
proceedings for the establishment of non-exclusive roll-off collection services franchises
pursuant to the Charter in order to facilitate the placement of roll-off collection services
contractors on the City of Fresno Department of Public Utilities' Roll-Off Collection List;
WHEREAS, the contractors listed on Attachment "A" hereto are recommended
as franchisees based on the qualitative and quantitative selection criteria that were
established.
WHEREAS, this Resolution effectuates the terms and conditions set forth in the
form of the Franchise Agreements executed by the City and the contractors; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The above recitals are true and correct.
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Date Adopted:
Date Approved :
Effective Date:
City Attorney Approval: Resolution No.
2. A non-exclusive Roll-Off franchise is proposed to be established under the
terms of Article XIII, "Franchises" of the City Charter.
3. The City Council hereby finds and determines that the grant of non-
exclusive Roll-Off franchise for Roll-Off collection services to the contractor identified on
Attachment "A," attached hereto and incorporated herein, is in the public interest. The
franchises granted herein are awarded, for a period of_ years from the date of final
passage of the franchise Ordinance, provided that the provisions of this Resolution,
Non-Exclusive Franchise Agreement, and the Code have been agreed to in writing by
the Grantee and the Grantee has executed the Non-Exclusive Franchise Agreement
and the City received and approved the insurance and documents required by such
agreement.
4. The grant of these non-exclusive franchises will be expressly subject to
and in compliance with all terms and conditions of the Non-Exclusive Franchise
Agreement.
5. All Grantees shall during the term of their franchise pay to the City the
franchise fee set forth from time-to-time by Council Resolution, as well as all other
applicable taxes, fees and charges payable by the Contractors.
6. The form of the Non-Exclusive Franchise Agreement attached hereto as
Attachment "B" is incorporated by reference and is hereby approved. The Director is
authorized to execute the same on behalf of the City. The Director is further authorized
to execute amendments to such Non-Exclusive Franchise Agreement consistent with the
purpose and intent of the franchise ordinance, subject to review and approval by the City
Attorney's Office.
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7. A public hearing on the granting of these non-exclusive franchises shall be
held at a.m./p.m., or as soon thereafter as practical on Thursday,
[October 23], 2014 , at the regular meeting of the City Council , Fresno City Hall, 2600
Fresno Street, Fresno, California 93721 . The hearing may be continued from time to
time as permitted by the Code.
8. At the time and place set forth in this Resolution for the public hearing, any
interested person may appear and be heard , and the testimony of all interested persons
for or against the granting of non-exclusive towing franchises will be heard and
considered. Any protest may be made either orally or in writing. All written protests
shall be filed with the City Clerk on or before the time fixed for the public hearing, and
written protest may be withdrawn in writing at any time prior to the conclusion of the
hearing .
9. The City Clerk is hereby directed to publish a Notice ("Notice") of the
hearing as defined in Section 1301 of the Charter of the City of Fresno, in the form
required by the Charter, within fifteen (15) days of the passage of this Resolution , in a
newspaper of general circulation within the City. Said Notice shall be published at least
ten ( 1 0) days prior to the date of the hearing.
10. At the conclusion of the hearing , if the Council determines to grant
non-exclusive towing franchises, it shall adopt an ordinance granting the franchises on
the terms and conditions specified in this Resolution.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of October, 2014.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: ______________ , 2014
Mayor Approval/No Return: , 2014
Mayor Veto: , 2014
Council Override Vote: , 2014
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: -------------------Brandon M. Collet [Date]
Deputy
Attachment: Attachment A
Attachment B
YVONNE SPENCE, CMC
City Clerk
BY: -------------------Deputy
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